estie Terms of Service

These estie Terms of Service (“Terms“) set forth the matters that Users (as defined in Article 2, the same hereinafter) are required to comply with when using the Company's Services (as defined in Article 2, the same hereinafter) provided by estie inc. (“Company”).

1. (Purpose of Providing the Company's Services)

The Company's Services are provided for the purpose of registration, browsing, searching, downloading, or similar use for the User's business activities, of information related to the User's own business activities in the course of the User's analysis of the real estate market and other business activities of the User.

2. (Definition)

In these Terms, the following terms shall have the following meanings:

Company's Service(s)	A generic term for the web software services provided by the Company
Companies Using the Company's Services	Companies that use the Company's Services for their businesses
User(s)	A generic term for companies that use the Company's Services and individuals who use the Company's Services for their businesses
Trial Users	Users who are permitted by the Company to use the Company's Services free of charge on a trial basis for a period of time determined by the Company
Individual Terms	Terms of use individually prepared for each of the Company's Services
Application Form	Application form for using the Company's Services
Agreement	Company's Service(s) usage agreement between User(s) and the Company based on the Application Form
Period of Use	Period of use as indicated on the Application Form
Provided Information	All data, articles, reports, images, drawings, photographs, designs, and any other information that the Company provides to Users on the Company's Services
Posted Information	Information posted by Users on the Company's Services
Antisocial Forces	Boryokudan (organized crime groups), Boryokudan members, Boryokudan quasi-members, Boryokudan-related companies, corporate extortionists, and other groups or individuals who pursue economic benefits by using violence, force, or fraudulent methods, or similar persons

3. (Coverage)

1. These Terms shall apply to all Users of the Company's Services, and Users may use the Company's Services upon agreeing to these Terms. Provided, however, that Articles 4 and 5 shall not apply to Trial Users.
2. Companies Using the Company's Services shall ensure that their directors, officers, employees, and all other users of the Company's Services comply with all rules which Users are required to agree to and comply with, and shall bear full responsibility for any violations of said rules by said users.
3. The Company may establish Individual Terms for the Company's Services. In such cases, the Individual Terms shall apply to the applicable Company's Service, and these Terms shall not apply.
4. In the event of any discrepancy between the description of the Company's Services outside of these Terms and the provisions of these Terms, with the exception of Individual Terms, the provisions of these Terms shall prevail unless otherwise specified.
5. In the event that the Company makes changes to these Terms, the Company will notify the Users of such changes and the effective date of such changes in advance by email or by posting such changes on the Company's designated website. In the event that the User uses the Company's Services after the notification of such changes or the effective date arrives, the User shall be deemed to have agreed to the changes to these Terms.

4. (Period of Use)

1. The period of use of the Company's Services shall be subject to the Period of Use, and the User may not terminate mid-term during the Period of Use.
2. Unless the User or the Company requests otherwise at least one (1) month prior to the expiration date of the Period of Use, the Period of Use shall be extended for the same period as the Period of Use, and the same shall apply thereafter. Provided, however, that if the Period of Use is less than one (1) year, the extension period shall be one (1) year.
3. Companies Using the Company's Services shall submit a list of persons using the Company's Services (department name, title, name, and email address) by the method designated by the Company by the commencement of the Period of Use.

5. (Usage Fees)

1. The User shall pay the amount specified in the Application Form as the fees for using the Company's Services, and shall comply with the payment method and due date specified in Application Form.
2. The User shall be responsible for bank transfer fees and other expenses.
3. In the event that the Period of Use is extended in accordance with Paragraph 2 of the preceding Article, if the Company wishes to change the usage fees, the Company may change the usage fees upon consultation with the User after notifying the User of the desired fee change at least one (1) month prior to the expiration date of the Period of Use. In the event that the parties fail to reach an agreement on the fee change, the Company or the User may terminate the use of the Company's Services on the expiration date of the Period of Use without extending the Period of Use.
4. If the User delays payment of the usage fees, the User shall pay to the Company a late fee of 14.6% per annum.
5. If there is a usage period that is less than one (1) month during the Period of Use, the User shall pay the usage fees set forth in the Application Form prorated on a daily basis.

6. (Notification)

When the Company notifies Users in relation to the Company's Services, the Company will do so by posting notices on the Company's website, by posting notices on the Company's Services (including, but not limited to, communications through electronic bulletin boards, if any such electronic bulletin boards where the Company and the Users participate are available), by email, and by any other method that the Company deems appropriate and reasonable.

7. (Prohibited Matters)

1. With respect to the use of the Company's Services, Users shall not engage in the following acts:

(1) violation of a part or all of these Terms;
(2) acts that violate laws and regulations or lead to criminal acts;
(3) copying, reproducing, duplicating, sending, transferring, distributing, circulating, reselling, storing, or any other use of the Provided Information (whether in whole or in part) for purposes other than the purposes of the Company's Services set forth in Article 1 of these Terms or the purposes authorized by the Company, provided, however, that this shall not apply to Posted Information;
(4) using Provided Information (whether in whole or in part) to train (including, but not limited to, actions that result in learning by the search engine's generative AI, etc. through the use of search, etc.) a generative AI, etc. (including but not limited to, artificial intelligence, search-enhanced generation, RPA, robots, programs, and software, the same shall apply hereinafter), to develop a generative AI, etc., or for the creation and generation of results by a generative AI, etc.;
(5) transmitting information that contains computer viruses or other harmful computer programs, or information that the Company deems to be equivalent thereto, to the Company or other Users through the Company's Services;
(6) registering or posting false information on the Company's Services;
(7) reverse engineering, disassembling, or otherwise deciphering the source code for an improper purpose or in an improper manner;
(8) acts that violate public order and morals;
(9) acts that infringe on the intellectual property rights (including, but not limited to, copyrights, design rights, utility model rights, trademark rights, patent rights, the right to acquire such rights or to apply for registration of such rights, and know-how, the same shall apply hereinafter), reputation, privacy, or any other rights of the Company or third parties;
(10) analyzing Provided Information at the request of a third party for purposes other than the purposes of the Company's Services set forth in Article 1 of these Terms or the purposes authorized by the Company;
(11) acts that place an excessive burden on the network or system, etc. of the Company's Services;
(12) downloading the Provided Information for an improper purpose or in an improper manner (including, but not limited to, downloading in a quantity or frequency that is clearly abnormal in light of the purpose of use, searching, extracting, or downloading content using programs such as crawlers, bots, spiders, and web scraping);
(13) interfering with the operation of the Company's Services;
(14) using the IDs or passwords of other Users of the Company's Services;
(15) lending one's ID or password to a third party without the Company's permission;
(16) Acts that cause disadvantage or damage to other Users of the Company's Services or other third parties;
(17) Establishing or providing services that are the same type or similar to the Company's Services;
(18) any other acts that the Company deems inappropriate.

2. In the event of any damage incurred by the Company as a result of the User's acts listed in the preceding Paragraph or other use of the Company's Services by the User, the User shall immediately compensate for such damage, and in the event of damage to a third party, the User shall not cause any trouble to the Company and shall resolve the issue by itself, and the Company shall not be liable for any damage suffered by such third party.

8. (Account Management)

1. Users may not transfer or lend their IDs and passwords used for the Company's Services to third parties without the Company's permission.
2. If the User's ID or password becomes available to a third party due to the User's intentional act or negligence, the Company shall not be liable for any damage arising therefrom.
3. If there is a possibility of ID or password leakage, the User shall notify the Company without delay.

9. (Confidentiality)

1. The Company and the User shall not use for any purpose other than the purposes set forth in Article 1 or the purposes authorized by the Company, or disclose, provide, or divulge to any third party, any information related to the provision of the Company's Services (“Confidential Information”, provided that for the User, Confidential Information shall also include the details set out in the Application Form for use of the Company's Services and the details of the terms etc. agreed upon between the Company and the User outside of these Terms).
Notwithstanding the foregoing, information specified in the following items shall be excluded from the Confidential Information:

(1) information that is publicly known at the time it is obtained by the Company or the User;
(2) information already in the possession of the Company or the User at the time it was obtained;
(3) information that becomes publicly known after being obtained by the Company or the User for reasons not attributable to the Company or the User;
(4) information obtained by the Company or the User from other third parties without any obligation of confidentiality.

2. Upon expiration of the Period of Use, the User shall immediately cease use of the Confidential Information and the Provided Information and, if requested by the Company, destroy the Confidential Information and the Provided Information in response to such request.
3. Notwithstanding the provisions of Paragraph 1, the Company and the User may disclose the Confidential Information to attorneys, certified public accountants, tax accountants, and other professionals to the minimum extent necessary.
4. Notwithstanding the provisions of Paragraph 1, in the event that the Company or the User is required to disclose the Confidential Information by law, regulation, administrative agency, or other public authority, the Company and the User may disclose such Confidential Information to the extent that disclosure is required.

10. (Public Disclosure)

1. The Company and the User shall cooperate in making public disclosures that are deemed to contribute to the enhancement of the brand value of both parties.
2. The Company reserves the right to publish the User's logo, company name, and the fact that the User has entered into the Agreement in distribution materials, on the Company's website, etc.

11. (Suspension of Use)

1. The Company may suspend the use of the Company's Services and terminate the Agreement without prior notice if the User falls under any of the following items:

(1) the User violates any provision of these Terms;
(2) the User registers false information;
(3) the User cannot be reached at the registered contact;
(4) the User fails to pay the usage fees;
(5) the Company reasonably determines that the User may become a competitor of the Company;
(6) the Company determines that the User has commenced bankruptcy procedures, civil rehabilitation procedures, corporate reorganization procedures or special liquidation, had its assets seized, or is in a state similar to any of the foregoing; or
(7) in other cases where the Company reasonably determines that suspension of use is appropriate.

2. In the event that the use of the Company's Services is suspended pursuant to the preceding Paragraph, all debts owed by the User to the Company shall immediately become due and payable, and the User shall immediately pay such debts.
3. Notwithstanding the provisions of Paragraph 1, the Company may temporarily suspend all or part of its services due to maintenance of the Company's Services, failure of equipment or systems used to provide the Company's Services, or other similar reasons.

12. (Ownership of Rights)

1. Except as provided in the following Paragraph, all intellectual property rights, including copyrights and all other rights related to the Company's Services and Provided Information, belong to the Company or to the right holders who have licensed the use of such rights to the Company, and the User shall not reproduce, transfer, lend, transmit, distribute, publish, or make business use, etc. beyond the scope necessary to use the Company's Services in accordance with these Terms without the Company's approval.
2. Intellectual property rights, including copyrights and other rights, for Posted Information on properties that the User owns, manages, operates, or has a similar relationship with, and that are registered on the Company's Services, belong to the User or right holders who have licensed such use to the User.
3. The User shall not, for any reason, engage in any conduct that may infringe upon the copyrights or other intellectual property rights or any other rights of the Company or any right holder who has licensed the use of such rights to the Company.

13. (Acquisition and Use of Information)

1. The Company may use the User's activity history, log information, and Posted Information, etc. on the Company's Services for the development, improvement, and provision of the Company's Services, and analysis, evaluation, and research, etc. of information, and may use such information on the Company's Services, etc. in a form that does not identify the user (including, but not limited to, statistical use, and including disclosure or publication to third parties). The User agrees that such information may be used by the Company even after the User has ceased to use the Company's Services.
2. The Company will endeavor to prevent loss or damage to Posted Information, but Users are responsible for preserving the Posted Information.
3. For the smooth operation and maintenance of the Company's Services, the Company may allow, and the User agrees to, a reasonably determined minimum number of its directors, officers and employees to access the Posted Information to the minimum extent necessary.
4. If the Company reasonably determines it necessary (including the case where the Agreement is terminated for any reason), the Company may delete the Posted Information. In such case, the Company shall not be liable for any damages incurred by the User as a result of the deletion of the Posted Information.

14. (Exemption from Liability)

1. The Company makes no warranty, either express or implied, that the Company's Services or Provided Information will be suitable for the User's particular purpose, have the expected functionality, commercial value, accuracy, or usefulness, that the User's information, including Posted Information, will be stored and retained, or that defects will not occur.
2. In no event shall the Company be liable to compensate for damages incurred by the User in the following cases. Even when compensating for damages caused by the Company's willful misconduct or gross negligence, the Company's liability for damages shall be limited to the total amount of usage fees actually received from the User as set forth in Article 5, and the Company shall not be liable for damages caused by special circumstances, indirect damages, or lost profits, whether or not foreseen by the parties.

(1) loss or damage (whether wholly or partially)caused, incurred, or resulting from (i) obtaining, collecting, compiling, interpreting, analyzing, editing, translating, sending, communicating, or distributing the Provided Information, (ii) any error (whether caused by the Company's negligence or otherwise) in the content of the Provided Information, or (iii) other circumstances;
(2) any direct, indirect, special, consequential, or incidental damages of any kind arising out of the use or unavailability of the Provided Information (whether or not the Company has been advised of the possibility of such damages);
(3) Malfunction or damage to equipment resulting from the use of the Company's Services;
(4) loss of Posted Information;
(5) leakage or falsification of information due to unauthorized access or use by third parties;
(6) suspension or termination of the Company's Services based on reasonable grounds;
(7) other damages incurred by the User in connection with the Company's Services.

2. Even if the Company's Services provide links to other websites or other websites provide links to the Company's Services, the Company is not responsible for any other websites other than the Company's Services or information obtained from other websites for any reason whatsoever.
3. The Company is not responsible for any transactions, communications, or disputes between Users and other Users or other third parties that is related to the Company's Services.

15. (Assignment of Rights)

1. The User shall not assign, grant security over, or otherwise dispose of the User's status under these Terms or the User's rights or obligations under these Terms to any third party without the prior written consent (including email) of the Company.
2. In the event that the Company transfers the business related to the Company's Services to a third party (regardless of the form of the transfer, such as business transfer, company split, etc.), the Company may transfer the status, rights and obligations under these Terms, as well as the Users' information and other information, to the transferee of such transfer, and Users agrees in advance to such transfer in this Paragraph.

16. (Survival)

1. Articles 7, 9, 12, 13, 14, 15, this Article, Articles 17 and 18 of these Terms shall remain in effect even after the expiration of the Period of Use.
2. If any part of these Terms is determined to be invalid or unenforceable, the other provisions of these Terms shall remain in full force and effect.

17. (Elimination of Antisocial Forces)

1. The Company and the User hereby affirm that they or their Special Interested Parties are not Antisocial Forces; that they are not cooperating or participating in the maintenance or operation of Antisocial Forces through funding or similar activities; and that they have no interaction or relationship with Antisocial Forces at any time in the past, at present, or in the future. In this Article, “Special Interested Parties” means directors, officers and employees, or any other similar legal entity or individual.
2. In the event that the Company or the User violates the provisions of the preceding Paragraph, the other party may immediately suspend the use of the Company's Services, and the Company or the User shall immediately compensate the other party or a third party for any damages incurred by them.

18. (Governing Law and Court of Competent Jurisdiction)

1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes related to the Company's Services.

19. (Handling of Personal Information, etc.)

The Company shall properly handle the personal information provided by Users when providing the Company's Services, in accordance with the estie inc. Privacy Policy and other policies stipulated by the Company. In addition, the Company may send email newsletters, advertisements, etc. of the Company's Services to the User via email and other means, and the User agrees to this.